European Tech Regulation

General Product Safety Regulation

The General Product Safety Regulation (GPSR) repeals and replaces the General Product Safety Directive. It is a cornerstone of the European Union’s product safety framework, imposing obligations on economic operators in the supply chain to ensure that only safe products are sold to consumers, and that consumers are adequately informed of risks posed by products. It also introduces – for the first time – new obligations for online marketplaces in relation to products listed on their platforms.

The GPSR applies to consumer products where there are no specific provisions with the same objective in other EU legislation. Therefore, it acts as a ‘safety net’ and complements sector-specific legislation, such as the rules that apply to toys, electrical products, chemicals and other groups. It does not apply to pharmaceuticals, medical devices or food.

Affected businesses

  • Product manufacturers, importers, distributors and authorised representatives
  • Online marketplaces

Key impacts

The GPSR introduces:

  1. New requirements for online sales. Product pages must include warnings, safety information, and details of the manufacturer and EU responsible person.
  2. New factors to consider in an assessment of whether a product is ‘safe’ – such as cybersecurity, software updates, artificial intelligence and connectivity.
  3. New requirements for nonharmonised (i.e., non-CE marked) products – including changes to labelling requirements and new requirements to have a technical file, conduct a risk assessment and have a responsible person in the EU.
  4. Mandatory accident reporting via the Safety Gate platform, with two reporting thresholds:
    • Requiring companies to report any ‘accidents caused by a product’ ‘without delay’, where that accident has resulted in ‘death’ or ‘serious adverse effects on health and safety’.
    • Requiring online marketplaces to report any accidents to an arguably lower threshold of ‘resulting in serious risk or actual damage of the health or safety of a consumer’.
  5. New rules related to the content of recall notices and conduct of recalls – including prohibiting the use of terms like ‘voluntary’ or ‘precautionary’ from recall notices and encouraging the use of multichannel recall messaging. The rules mandate companies to offer the choice between at least two recall remedies out of refund, repair or replacement, unless it would be impossible or disproportionate, in which case one remedy could be offered.
  6. New rules for online marketplaces – including accident reporting (as outlined above), together with other obligations, including a requirement to establish a single point of contact for authorities, respond to authorities’ requests within two working days and process notices related to product safety issues under the Digital Services Act within three working days.

Enforcement

New powers for the European Commission to organise joint enforcement activities. Penalties are to be determined at Member State level but are required to be effective, proportionate and dissuasive.

Key timings

The GPSR entered into force on 12 June 2023. The GPSR includes a transition period of 18 months, so the requirements will be enforceable from 13 December 2024.

Guidance is anticipated between September and December 2024.

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